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, eric holder, president obama, the white house, you know, they want this in the u.s. court system. as a result of that, that puts you on a certain path. i think there is some concern here, certainly on my part and others if you don't mirandize him obviously he's entitled to his defense, and the defense is going to take that and make it a serious issue. and so, you know, yes it's great, put him in the u.s. court system if that's what you want to do but be aware that, you know, it's dangerous at times. and so if they start pulling information out of him and they haven't read him his rights, because they say there is an exception in terms of public security, then if they want to go that route i think we have to be careful, because it could come back around and bite us in the back side. jenna: interesting just for context for the jose padilla case, who was considered an enemy combatant and then put in civilian court he did not get the maximum sentence. there was a lot of legalities around that, and there are some questions still being raised about how that case was handled and whether
harm or potentially harm the federal case. >> the white house decision sets a pattern, since march 2009 the obama administration changed the way the war is prosecuted. ordering the pentagon who stop using the term global war on terror. instead calling it an overseas contingency operation. the president's current cia director raised eyebrows when he declared jihad is not necessary lay bad thing. >> as americans, we refuse to live in feemplet nor do we describe our enemy as jihadists or islamists because jihad is a holy struggle a legitimate tenet of islam. >> our president says we have a war on al qaeda not a war on terror. >> that's ridiculous. this is ideologically based war which ideology that unfortunately emerges from a religion. >> critics say it comes down to semantics whether the administration considers this a war, involving enemy combatants or a law enforcement challenge. bret? >> bret: jennifer griffin live at the pentagon. thank you. much more on all of this with the panel tonight, an expanded panel. president obama will attend a memorial service thursday for the victims of t
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